i think that if the sample is either short enough, or not recognizeable that you can do so without credit or royalties. if not, you should contact the artist (esp if you think you are going to get sued for it) or their management, and do so with permission (working out a royalty agreement, usually for not very much money, but that depends on the artist) and a partial writing credit on the song. you can avoid this by just trying to replicate the sample identically; that's what p.m. dawn had to do when the beatles wouldn't let him use a sample of "hey jude."
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